Family of Luis Góngora files a federal civil rights lawsuit against his killers, SFPD Sgt. Steger and Ofc. Mellone

Today, on the 6th month anniversary of the killing of Luis Demetrio Góngora Pat, his widow and children have filed a federal civil rights lawsuit against his killers, SFPD Sergeant Nate Steger and Officer Michael Mellone. At a press conference today at the site of his killing, the family’s attorney Adante Pointer presented the findings that supported the complaint filed.

Extracts from the Federal Civil Rights Complaint

Introductory statement

“This civil rights and wrongful death action arises out of the April 7, 2016 unlawful killing of Mayan immigrant Mr. Luis Demetrio Góngora Pat by City of San Francisco Police Officer Michael Mellone and Sergeant Nate Steger. The two Officers shot and killed Mr. Góngora within 30 seconds of confronting him while he was peacefully sitting against a wall on the 400 block of Shotwell Street. In the aftermath of the shooting, Police claimed Mr. Góngora
charged and lunged at them with a knife. However, several eyewitnesses, video tape of the
incident and the physical evidence tell a much different story that contradicts the Officers’
version of events. Specifically, many of the less lethal bean bag rounds and several of the bullets that struck Mr. Góngora hit him in the back and on the right side of his body indicating he was not facing the Officers when they opened fire. In addition, surveillance video captured the Officers pointing their guns down toward the ground as they repeatedly fired their guns at Mr. Góngora. The onslaught left him riddled with bullets in his forehead, back, right arm and chest while leaving his wife a widow and his three kids fatherless.”

Statement of Facts

“On April 8, 2016, at approximately 10:00 a.m., Decedent Luis Góngora Pat was sitting on the ground, on the 400 block of Shotwell Street, in San Francisco, California.

17. City of San Francisco Police Sgt. Nate Steger, Officer Michael Mellone and a third yet-to- be-identifed Officer arrived on the 400 block of Shotwell after someone reported a man with a knife. The three Officers parked their cars in the middle of the street and rapidly approached Mr. Góngora, who was sitting on the ground, by himself, leaning against the exterior wall of a building and minding his own business. There were no civilians in Mr. Góngora’s vicinity and Mr. Góngora was not threatening or harming anyone. While Mr. Góngora is reported to have had a knife on his person for safety reasons; as is common among the homeless population, he was not wanted for any crime and was not a threat to himself or anyone else.

18. Mr. Góngora spoke Mayan and only understood a limited amount of English and Spanish. Despite the Officers’ claims they gave Mr. Góngora orders to “get on the ground” in both English and Spanish, on the video tape capturing the incident, the Officers can ony be heard giving orders in English. Witnesses recount Mr. Góngora remained crouched down on the ground with his head down, cowering in fear, unable to understand what the Officers were shouting.

19. The Officers quickly closed in on Mr. Góngora, abandoning all recommended deescalation tactics and failing to maintain adequate distance and space to properly assess the situation and avoid unnecessary force. While Mr. Góngora was sitting on the ground, one of the Officers came up to him and began rapidly discharging a rubber projectile shotgun, striking Mr. Góngora multiple times in the side and back area. After the officers began using force against Mr. Góngora they did not provide any additional commands or give Mr. Góngora the opportunity to comply with their initial orders. Mr. Góngora was injured from multiple rubber projectiles and tried to move away from his attacker, when a second officer began to shoot him with live ammunition. The two Officers were simultaneously pelting Mr. Góngora with lethal and nonlethal rounds from both sides, as he attempted to escape with his lfe.

20. The Officer who initially started shooting Mr. Góngora with rubber bullets transitioned to his handgun and began shooting the wounded man with live rounds. In a shocking visual image, the officer can be seen shooting down at the wounded man, with a handgun in one hand and a shotgun in the other, in a scene that is reminiscent of a gangster movie. The double fisted shooter can be seen on video shooting down at Mr. Góngora, who received bullet wounds to the top of his head and another down into his back, in addition to gunshots to both arms and his abdomen.

Source: 48 Hills, Sana Saleem

21. In less than 30 seconds of arriving on scene, Mr. Góngora had been hit with five (5) rubber projectiles and six (6) live rounds. Tellingly, a third officer was present on scene and did not even unholster his weapon or engage in any force whatsoever. Mr. Góngora died as a result of multiple gunshot wounds, leaving behind three adult children, a wife and an outraged community.”

I HOPE THE FAMILY GETS JUSTICE IN LUIS MURDER, I WAS ONE OF THE EYEWITNESSES, I ACTUALLY STOOD RIGHT THERE IN FRONT & WATCHED THEM KILL HIM!! IT HURTS & BREAKS MY HEART EVERYDAY KNOWING THESE STUPID POLICE ARE POSSIBLY GOING TO GET AWAY WITH THIS, LUIS WAS A FRIEND OF MINE, THOUGH I DIDNT UNDERSTAND HIM, WE STILL SHARED LAUGHS, HE ALWAYS LOOKED OUT FOR ME & MY CAMP OUT OF THE 3 YEARS I CAMPED BY HIM I NEVER SEEN HIM DO ANYTHING HARMFUL OR DANGEROUS AT ALL & FO THE POLICE TO KILL HIM IS BULLSHIT, I FEAR FOR MY OWNLIFE NOW THE POLICE SCARE ME NOT TO LONG AFTER THAT THEY TOOK ANOTHER FRIEND OF MINE & THE HOMELESS COMMUNITY, JESSICA. MY NAME IS ROSALYN ME AND MY FRIEND JOHN WERE ABOUT 20 FEET AWAY FROM THE OFFICERS ON THE SAME SIDE OF THE STREET, WHAT HURTS ME THE MOST I COULDNT STOP THEM I WAS YELLING BUT I COULDNT STOP THEM, I NO WHAT THE AUTOPSY SAYS BUT I SEEN.THE BULLETS HIT HIM HE WAS DEAD ON THE SCENE, THERE IS NO FUCKIN WAY HE DIED AN.HOUR.LATER EVEN IF HE DID WHATS THAT SUPPOSE TO MEAN HE SHOULDNT HAVE DIED AT ALL, I HOPE & WISH THOSE POLICE GO DOWN FOR MURDER, ONE OF THESE POLICE GOT TO THEY ARE GETTING AWAY WITH THIS SHIT & ITS NOT FAIR, WE ARE NOT SAFE NO MORE.